[HISTORY: Adopted by the Town Board of the Town of Spencer
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-1991 by L.L. No. 2-1991]
[Amended 4-14-1998 by L.L. No. 1-1998]
The Town Board of the Town of Spencer has found and determined
that the disposal of sludge, sewage sludge or septage within the Town
of Spencer or any part thereof may pose a potential threat to the
health and safety of the residents of the Town of Spencer and to animals
within the Town of Spencer, and that there may exist a potential for
contamination of adjacent property and water supplies which could
constitute a health and safety hazard to the Town of Spencer and its
residents, as well as to food chain crops and animals within the Town
of Spencer. It is the purpose of this article to regulate such disposal,
and thus provide for the health, safety and welfare of the residents
of the Town of Spencer, the owners of property within the Town of
Spencer, food chain crops and animals within the Town of Spencer,
by regulating the disposal of sludge, sewage sludge and septage within
the Town of Spencer.
For the purpose of this article, the following terms shall have
the meanings set forth hereinafter:
To spread, apply, discharge, deposit, plow, inject, dump,
spill, process, store, leak or place any sludge, sewage sludge or
septage (as hereinafter defined) into or on any land or water within
the Town of Spencer or any part of the Town of Spencer.
Any individual, public or private corporation, business corporation,
political subdivision, government agency, department, board or bureau
of the state or federal government, municipality, industry, partnership,
copartnership, association, firm, trust, estate or any other legal
entity.
The contents of a septic tank, cesspool or other individual
sewage treatment facility which receives domestic sewage wastes. "Septage"
shall not be deemed to include wastes resulting from farming operations,
including, but not limited to, dairying, beef, egg or chicken production,
when such are conducted within the Town of Spencer and such wastes
are generated within the Town of Spencer.
The accumulated semisolid suspension of solids deposited
from wastewaters from municipal or private sewage treatment plants.
The accumulated semisolid suspension of settled solids deposited
from wastewaters or other fluids. "Sludge" shall not be deemed to
include the accumulated semisolid suspension of settled solids deposited
or resulting from farming operations, including, but not limited to,
dairying, beef, egg or chicken production, when such are conducted
within the Town of Spencer and such wastes are generated within the
Town of Spencer.
A.
No person shall dispose of, allow to be disposed of or otherwise
cause to be disposed of within the Town of Spencer or within any part
of the Town of Spencer any sludge, sewage sludge or septage which
were generated or collected from sources located outside the Town
of Spencer.
B.
No person shall dispose of, allow to be disposed of or otherwise
cause to be disposed of within the Town of Spencer any sludge, sewage
sludge or septage which were generated or collected from sources located
within the Town of Spencer, unless such person possesses a permit
to dispose of such wastes issued by the New York State Department
of Environmental Conservation and unless such contents are disposed
of in compliance with all applicable statutes, ordinances, local laws,
codes, rules and regulations of the United States of America, State
of New York, County of Tioga and Town of Spencer.
C.
No person shall dispose of, allow or cause to be disposed of within
the Town of Spencer any sludge, sewage sludge or septage which were
generated or collected from sources located within the Town of Spencer,
except at a site approved for such by the New York State Department
of Environmental Conservation. The Town of Spencer may, at any time
and from time to time, prohibit the disposal of such sludge, sewage
sludge or septage or limit the amount of sludge, sewage sludge or
septage which may be disposed of at such approved site. Such prohibition
or limitation may be imposed by resolution of the Town Board of Councilmen
and Councilwomen and enforced by the Code Enforcement Officer of the
Town of Spencer or any other agency designated by the Town, state
or county for the enforcement of laws within the State of New York.
This article shall not apply to the landfill operation presently
being conducted by Tompkins County within the Town of Spencer at the
premises formerly known as the "Landstrom Landfill."
A.
Upon conviction, a violation of this article shall be deemed an offense
and shall be punishable by a fine not exceeding $250 for each and
every such offense or imprisonment for a period not to exceed 15 days,
or both.
[Amended 4-14-1998 by L.L. No. 1-1998]
B.
In addition to the imposition of the above described penalty, the
Town may pursue any other remedy at its disposal, including, but not
limited to, injunction to ensure the enforcement of this article.
